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Marriage is alleged to be the final word testomony of your love for an additional individual. In case your partner occurs to stay abroad, the gap could cause added pressure to the connection. Luckily, with the landmark Supreme Courtroom choice in 2013, United States v. Windsor, after which later one other ruling in Obergefell v. Hodges, not solely are homosexual marriages legally acknowledged however they’re considered the identical as heterosexual marriages underneath U.S. immigration legislation so homosexual and lesbian {couples} can acquire marriage inexperienced playing cards for his or her companions. On this information we’ll discover some frequent hurdles same-sex {couples} face when attempting to acquire a homosexual marriage inexperienced card in addition to ideas to make sure the very best likelihood of an approval.
Since homosexual marriages are considered equally as heterosexual marriages underneath U.S. immigration legislation, the method is essentially the identical. There are nonetheless, generally added hurdles when having to show that the connection is bonafide. Different matters we are going to cowl embody whether or not civil unions qualify underneath the necessities, how same-sex marriage legal guidelines in nations have an effect on the method, steadily requested questions, and extra.
For a very long time, civil unions had been the one choice homosexual and lesbian {couples} had when eager to legally legitimize their relationship and reap among the civil perks that include it. Underneath U.S. immigration coverage, nonetheless, civil unions and home partnerships don’t meet the necessities to acquire a homosexual marriage inexperienced card — you should be legally married. In case you are in a civil union, you need to contemplate getting married (authorized in all 50 states since 2015). You additionally don’t want to fret about any native or state legal guidelines that will deter same-sex relationships as a result of federal legislation is what governs immigration coverage and same-sex marriage is authorized in the USA.
Now, that is sadly not the case in case your union was fashioned in a rustic that doesn’t acknowledge same-sex marriage. There are at the moment 29 nations that legally allow homosexual marriage:
On the opposite finish of the spectrum there are a selection of nations which have legal guidelines criminalizing same-sex relationships. Quite a few nations in Asia in addition to the Center East don’t acknowledge homosexual marriage. A few of these embody Afghanistan, Antigua & Barbuda, Algeria amongst others. If you end up in a state of affairs the place you need to petition on your associate however homosexual marriage is just not authorized of their house nation, you need to contemplate making use of for a K1 visa in any other case referred to as a fiancé visa.
Some of the essential elements that will probably be evaluated by USCIS officers when making use of for a homosexual marriage inexperienced card is the legitimacy of your relationship. Images of you and your associate are nice to incorporate as a part of your I-130 petition, along with any letters or different correspondence over the course of the connection. When you have a relationship together with your partner’s in-laws, that can be helpful to your case as a result of USCIS officers or consular officers might ask questions pertaining to them throughout the inexperienced card interview. When you do not need a constructive relationship together with your partner’s in-laws as a consequence of homophobia, be sincere together with your solutions and simply clarify that to the officer. On the naked minimal, nonetheless, you need to know some primary details about them like their names to point out good religion in attempting to ascertain a relationship. When pursuing a similar intercourse marriage inexperienced card, you might be suggested to additionally present paperwork demonstrating that you simply and your partner stay collectively, if that’s the case. Issues like a rental or lease settlement, joint electrical or water payments, joint financial institution accounts, memberships, subscriptions, and joint bank cards could be helpful in addition to some other documented type of advantages that your partner receives, for instance out of your job or from a life insurance coverage coverage. The essential factor for paperwork to point out is that each names are on them together with the identical deal with. If none of those paperwork are pertinent since you concern dwelling together with your associate as a consequence of discrimination or anti-LGBTQ+ sentiments in your neighborhood you need to seek the advice of a professional immigration lawyer who can help you to find related proof to bolster your case.
You’ll be able to apply for a K1 visa on your same-sex associate if the petitioning partner is a U.S. citizen. On the K1 Fiancé visa, as soon as your associate arrives to the U.S. you’ve gotten 90 days to get married in any other case they should return to their house nation.
The next paperwork can function proof of you relationship and to fulfill among the USCIS necessities:
Homosexual marriage inexperienced card interviews are structured that very same as heterosexual inexperienced card interviews. The consular officer’s job is twofold – they have to decide if the wedding is bonafide and if the overseas nationwide needs to be issued a inexperienced card. Throughout the interview you may be requested numerous questions on the way you met, the way you spend your time collectively, relations with in-laws and different kinfolk, and so forth.
To start with you have to to reveal any prior marriages you’ve gotten had on the I-130 petition, in addition to licensed copies of divorce or dying certificates. It’s crucial to not try to conceal a previous marriage or lie about it. When you have had a heterosexual relationship in your previous, it isn’t an automated deal-breaker for acquiring a homosexual marriage inexperienced card together with your new partner. Be ready to reply questions on your previous relationship throughout the interview. Your lawyer can advise you ways greatest to handle questions previous to assembly with immigration officers. Issues get just a little bit extra tough in case you filed for a wedding inexperienced card up to now for this heterosexual relationship. USCIS might contemplate fraud was at play and much more so in case you grew to become a U.S. citizen from a previous heterosexual relationship and are actually making use of for a similar intercourse marriage inexperienced card. If you end up on this state of affairs, disclose all particulars to your lawyer in order that they will greatest information you all through the method.
No, similar intercourse marriage inexperienced card candidates should meet the identical necessities as heterosexual marriage inexperienced card candidates.
Sadly, a civil union doesn’t suffice to use for a homosexual marriage inexperienced card. You should be legally married to file. In case you are in a civil union, you need to contemplate getting married or in case your associate lives abroad you possibly can apply for a K1 fiancé visa as effectively.
Since a USCIS officer can wield quite a lot of energy over whether or not or not you’re authorized on your homosexual marriage inexperienced card you might be apprehensive about bias or discrimination primarily based in your sexual orientation. You’ll be able to relaxation assured that these officers are required to endure severe coaching surrounding LGBTQ issues and their job is to hold out U.S. immigration legal guidelines so they don’t seem to be allowed to concern choices primarily based on their private beliefs. They typically are understanding of challenges homosexual {couples} face with relative and relations.
With a purpose to petition on your partner on a wedding inexperienced card, you will need to have been married in a rustic the place same-sex marriage is authorized. Let’s say as an example you had been married in Algeria the place it isn’t acknowledged, and also you associate doesn’t stay in the USA, your greatest plan of action could be to file for a fiancé visa after which get married in the USA (inside 90 days) the place it’s authorized in all fifty states. To file the K1 visa you first have to file Kind I-129F, Petition for Alien Fiancé(e). After you obtain an approval for Kind I-129F, about 30 days later the overseas associate ought to obtain a letter from the U.S. embassy of their house nation with particulars in regards to the time and date of their visa interview. The sponsored associate should additionally file DS-160, On-line Nonimmigrant Visa Utility and submit the required paperwork. The ultimate step is the visa interview which the overseas associate will do on the closest U.S. embassy or consulate close to them. Extra proof could also be requested for USCIS to make a last choice on the case.
The State Division only recently issued a coverage change that now permits youngsters born outdoors of the USA by way of surrogacy or in vitro to similar intercourse {couples} to acquire U.S. citizenship so long as they’re genetically associated to a minimum of one mum or dad. Previous to this alteration, the kid needed to be genetically associated to the U.S. citizen mum or dad as a way to qualify for citizenship.
Similar to heterosexual {couples}, inexperienced card holders married to a same-sex U.S. citizen associate can apply for naturalization after three years.
The price to file an I-130, Petition for Alien Relative, is $535 which could be paid with a cash order, private test or cashier’s test. Extra charges might apply for lawyer prices, and so forth.
Your complete homosexual marriage inexperienced card can take anyplace from 9-38 months or extra relying on the USCIS caseload and any Requests For Proof (RFE) that will come up. Step one is to submit the I-130, Petition for Alien Relative (with supporting paperwork) to ascertain the validity of the connection. Together with Kind I-130 submit proof of the wedding certificates and different paperwork exhibiting you reside collectively (joint financial institution accounts, utility payments, and so forth.) From there, the subsequent step is to use for everlasting residency. Must you be dwelling in the USA, you possibly can file an adjustment of standing with Kind I-485 similtaneously your Kind I-130. When you stay outdoors of the U.S. then you possibly can apply for the wedding inexperienced card by way of consular processing. That mainly signifies that you wait in your house nation till your I-130 is authorized. When USCIS authorized it, they ship the discover to the Nationwide Visa Heart who will then ship you a discover by mail or e mail which can have directions for submitting your Nationwide Visa Heart submitting package deal. Within the package deal, you need to embody the federal government submitting price, Kind DS-260, copy of your start certificates or passport photograph web page, police clearance certificates and I-864 Affidavit of Assist. In spite of everything these paperwork have been submitted, the final step is your inexperienced card interview. USCIS will ship you the discover for when your inexperienced card interview appointment is. The size of time your complete course of will largely rely upon if you’re already dwelling inside the USA and whether or not you’re already married or want to use for the fiance visa first.
As with all essential life choice it’s essential to have an skilled immigration lawyer by your aspect when submitting on your partner. Simply the slightest errors on the appliance paperwork can result in extended processing time, further charges, requests for proof and extra. Our workforce has handles numerous marriage inexperienced card circumstances and we proceed to have wonderful approval scores for our purchasers. Give us a name to schedule a free session at the moment!
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